Tribunal result - I think they made an error

floralora

After over a year of waiting, I got my tribunal date. Due to covid-19, it would be over the phone (not sure if this is why I was at a disadvantage) instead of me attending a hearing in person. I have joint hyper-mobility syndrome, severe anxiety and severe depression.

I challenged both parts of PIP after previously being awarded standard daily living after I appealed (before then I got zero for both parts initially and then after MR) from DWP. I told them how it affects me, including that I now have a blue badge, use a wheelchair part time as it helps me get around, had a taxi paid for from DSA to get me to university, that I couldn’t leave the house without my partner due to anxiety and fear I’d see my abusive ex partner. This was all ignored and I scored 0 for mobility, despite my disability affecting my legs the most (pretty sure I had Some points from DWP before). They had ignored points I had scored previously for daily living, I hadn't even been asked about how my disability affected me for those components (using the toilet was one, where I had scored points due to IBS symptoms and bladder issues. This was detailed in my physio letter which I guess they conveniently ignored). They said they would ask me how my disability affects me now but they never did during the hearing after I talked about how it affected me when I applied for PIP. There was also mention of a pack of stuff I never received before my tribunal either. I even mentioned I went out once a week at most, missed university a lot (had low attendance and had meetings as a result), showered once a week and never washed in between. I feel like this falls under I can’t do anything repeatedly. 

I got 9 points for daily living, where I had scored 8 before. 0 for mobility. Bit miffed as my time was wasted for them to disregard everything I said and go purely off of evidence from GP and physio (despite none of it going into detail about how things affect me and them being diagnostic letters. The one from my physio was to my doctor requesting my treatment is further looked into regarding pain killers,antidepressants and a referral to look into Ehlers-Danlos Syndrome). I thought PIP was about how it affected ME, and no one knows that better than myself. Not even sure how I can get a blue badge, taxi to and from uni and other help from DSA using the same evidence but not score a single point for mobility either. I feel humiliated, not listened to and like I’m fighting a losing battle. 

Do I have a leg to stand on for an upper tribunal? Is there any point in fighting anymore and I just wait until October and go overboard with evidence? I’m gutted it didn’t go well after reading of the high success rate for tribunals. 

mikehughescq

You need to request the statement of reasons and record of proceedings and then get advice. Any attempt to go to UT is founded on an error of law. There are 5. Tribunals almost always make 1 or 2 but they aren’t always material. They’re always based on the SOR though so you need that first.

woodbine

I would add that letters from GP's are rarely of much use as your GP doesn't really know how your condition(s) affect you in your daily life re:PIP descriptors.

katho31

you must be tired by now? my husband and myself are shattered and i logged on before bed and wondered where you get your energy..my medication/illness/lethargy has a severe effect on being able to post effectively. stay safe 

Chloe_Scope

Hi @floralora, have you been able to get the statement of reasons?